Soma Technology Repair Terms and Conditions

(Online Repairs in North America)

IMPORTANT: WHEN SOMA TECHNOLOGY, AS DESCRIBED IN SECTION 9 BELOW, COVERS SERVICE UNDER WARRANTY OR EXTENDED SERVICE CONTRACT THE TERMS OF THE WARRANTY OR THE EXTENDED SERVICE CONTRACT WILL GOVERN SERVICE. PLEASE READ THESE REPAIR TERMS AND CONDITIONS CAREFULLY IF SOMA TECHNOLOGY DOES NOT COVER SERVICE (NON-COVERED SERVICE). BY CLICKING ON THE "I have read and understood, and agree to the Repair Terms and Conditions" STATEMENT BELOW YOU AGREE THAT THESE REPAIR TERMS AND CONDITIONS GOVERN NON-COVERED SERVICE BY SOMA TECHNOLOGY. IF YOU DO NOT AGREE TO THESE REPAIR TERMS AND CONDITIONS CLICK ON THE "I disagree and would like to return to the Support site." STATEMENT BELOW.

1. Service. Soma Technology will service your product as described to you for the estimated charges stated (unless such charges are revised with your prior oral or written consent). As part of the service Soma Technology may provide both parts and labor, but may direct that you replace certain readily installable parts yourself, as described below. In servicing your product, Soma Technology may use new, used or refurbished parts or products. Soma Technology will retain the replaced part or product that is exchanged under service as its property, and the replacement part or product will become your property. Replaced parts and products are generally repairable and are exchanged or repaired by Soma Technology for value. If applicable law requires Soma Technology to return a replaced item to you, you agree to pay Soma Technology the additional cost of the replacement item.

2. Service Options. Soma Technology may facilitate service through one or more of the following options:
(i) Depot Service. If Soma Technology determines that your product is eligible for mail-in service, you, the customer are required to pay for shipping to Soma Technology  (and if you no longer have the original packaging, Soma Technology may send you packaging material) and you will ship the product to Soma Technology’s repair service location in accordance with Soma Technology’s instructions. Once service is complete, Soma Technology will return the repaired product and bill you for shipping to your location.
(ii) Do-It-Yourself Parts service allows you to service your own product. If Do-It-Yourself Parts service is available in the circumstances, Soma Technology will ship you a replacement part accompanied by instructions on installation and any requirements for the return of the replaced part. If you fail to return the replaced part as instructed, you will be charged a non-return fee as agreed by you at the time you authorized service. When Soma Technology does not require the return of the replaced part, Soma Technology will ship you a replacement part accompanied by instructions on installation and any requirements for the disposal of the replaced part. Soma Technology is not responsible for any labor costs relating to Do-It-Yourself Parts service.
Soma Technology reserves the right to change at any time the method by which Soma Technology may provide service to you.

3. Service Exclusions and Diagnostic Fee. Soma Technology may charge you a diagnostic fee including shipping charges, of no more than one hundred ($120) dollars US, (“Diagnostic Fee”), plus applicable tax, if Soma Technology inspects your product and determines based on the inspection that the product does not require service. If service requires additional labor or parts that were not specified in the estimated charges, Soma Technology will ask for your approval of a revised estimate. If you do not agree that Soma Technology may revise the estimated charges, Soma Technology will return your product and may charge you the Diagnostic Fee plus applicable sales tax. Soma Technology reserves the right to refuse service on products that have serial numbers altered, defaced or removed or that are damaged due to accident, abuse, neglect, misuse (including faulty installation, repair, or maintenance by anyone other than Soma Technology or an Soma Technology Authorized Service Provider), unauthorized modification, extreme environment (including extreme temperature or humidity), extreme physical or electrical stress or interference, fluctuation or surges of electrical power, lightning, static electricity, fire, acts of God or other external causes. In such event, Soma Technology may return the product to you without servicing it, and may charge you the Diagnostic Fee, plus applicable tax.

4. Payment. Unless your service is covered by Soma Technology’s warranty or extended service contract without charge to you, you will pay the estimated charges stated when you authorized service. Your payment is due when the product is returned or a replacement product is provided to you. The estimated charges include all parts, labor, and shipping required for service, plus applicable tax.

5. Transfer or Installation Services. Unless otherwise agreed, Soma Technology will not cover any defects or damage to any software or data residing or recorded in your product. If service involves transferring information or installing software, you represent that you have the legal right to copy the information and agree to the terms of the software license, and you authorize Soma Technology to transfer the information and accept such terms on your behalf in performing the service.

6. Abandoned Product. Unless you provide alternative instructions, Soma Technology will ship your repaired or replacement product to the mailing address you furnished when you authorized service. If your product is returned to Soma Technology because delivery could not be completed at the address given, Soma Technology will attempt to contact you for an alternative mailing address. If you do not provide an address at which Soma Technology or its agent may deliver your product within sixty (60) days after the original delivery attempt, Soma Technology will notify you that it considers your product to be abandoned. Soma Technology will send notice to the mailing address you furnished when you authorized service. In the event that your product is abandoned, Soma Technology may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale to pay for any outstanding service performed. Soma Technology reserves its statutory and any other lawful liens for unpaid charges.

7. Warranty. In servicing your product, Soma Technology warrants (1) that service will be performed in a workmanlike manner and (2) that all parts or products used in the service will be free from defects in materials and workmanship for ninety (90) days from the date of service. This warranty is an express limited warranty. If non-conforming service is provided or a defect arises in a replacement part or product during the ninety (90) day warranty period, at its option, Soma Technology will (1) repair the part or product, using new, used or refurbished replacement parts, or (2) replace the part or product with a new, used or refurbished equivalent part or product, or (3) refund the sums paid to Soma Technology for the service.

THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND PARTS OR PRODUCTS PROVIDED. SOMA TECHNOLOGY SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF SOMA TECHNOLOGY CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY.

Some states, provinces and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so these limitations or exclusions may not apply to you. The express limited warranty gives you specific legal rights, and you may also have other rights that vary by state, province or jurisdiction. FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE TERMS AND CONDITIONS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS.

8. Limitation of Liability. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN SOMA TECHNOLOGY’S CUSTODY, SOMA TECHNOLOGY’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE SOMA TECHNOLOGY’S ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF YOUR PRODUCT, WHETHER DUE TO SOMA TECHNOLOGY’S NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY SOMA TECHNOLOGY FOR SUCH SERVICE. SOMA TECHNOLOGY HAS NO LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, SUCH AS LOST PROFITS OR REVENUE. SOMA TECHNOLOGY HAS NO LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS WHILE PERFORMING SERVICE. YOUR ONLY REMEDY UNDER THE REPAIR TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST SOMA TECHNOLOGY IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID SOMA TECHNOLOGY FOR THE SERVICE.

9. Availability of Service; Soma Technology. Service under these Repair Terms and Conditions is offered and valid only to residents located in the fifty states of the United States of America, the District of Columbia and Canada. Service under these Repair Terms and Conditions is not available where prohibited by law and is offered in the United States of America by Soma Technology Inc., 166 Highland Park Drive, CT 06002, U.S.A.

10. Data Protection. You agree and understand that it is necessary for Soma Technology to collect, process and use your data in order to perform the service obligations under these Repair Terms and Conditions.

11. Subcontractors. Soma Technology may subcontract with other service providers for the service of your product.

12. Governing Law. Without regard to its conflict of law provisions, the laws of the state of Connecticut govern these Repair Terms and Conditions for residents of the United States of America.

13. Conflict of Terms; Services in English. In the event of a conflict between different translations of these terms, the English translation will prevail. Certain support services and related documents may be available in English only.

14. Complete Agreement; Severability; Force Majeure. These terms and conditions govern Soma Technology’s service obligation. No other oral or written terms or conditions apply, including ones in any purchase order that you provide to Soma Technology. Soma Technology does not authorize any variance or modification of these Repair Terms and Conditions. If any provision of these Repair Terms and Conditions is held to be illegal or unenforceable, that provision will be deemed to have never been part of the Repair Terms and Conditions, and the remaining terms and conditions will continue to be enforceable. Soma Technology is not responsible for any failures or delays in performing Service that are due to events outside Soma Technology’s reasonable control.